January 2002
Across the nation, in response
to the atrocities of September 11, 2001, and to the debates and discussions
that have occurred in their wake, many college and university administrators
are acting to inhibit the free expression of the citizens of a free society.
Some administrations continue selective repression as if nothing had occurred:
in the name of preventing “offense,” they seek to stifle the views with
which they disagree. Other administrations, more careerist in times of
crisis than at other moments, and unburdened by moral principle, want to
avoid scandalizing broader public opinion. In both cases, they are willing
to continue to sacrifice American liberty.
On September 20, without
a hearing, Orange Coast Community College suspended Professor Kenneth W.
Hearlson. Hearlson teaches contemporary politics at Orange Coast Community
College in Costa Mesa, California. On September 18, in a lecture on contemporary
politics, he argued that silence on crimes against Christians and Jews
in the Middle East was consent to terrorism. Several Muslim students complained
to Vice President Robert Dees that Hearlson had called them terrorists.
Other students in his class, however, confirmed that Hearlson was lecturing
on moral consistency, not on the character of any students. The administration
has yet to respond to FIRE’s urgent letter. FIRE has now secured legal
representation for Professor Hearlson. We will see the case through to
the end.
At Central Michigan University,
an administrator told several students to remove various patriotic posters
(an American flag, an eagle, and so on) from their dormitory. On October
8, a Residential Advisor told them that their display was “offensive,”
and that they had until the end of the day to remove the items. As one
student said, “American flags or pictures that were pro-American had to
be taken down because they were offensive to people.” FIRE has contacted
President Michael Rao, along with the Board of Trustees and officials in
the Office of Residential Life, to insist that this public institution
not violate its students’ free speech rights. President Michael Rao has
written to FIRE, expressing his full commitment to the First Amendment
and freedom of expression. FIRE is in discussion with the office of the
president about the events on his campus.
University of New Mexico
Professor Richard Berthold nervously addressed the terrorist attacks in
his morning class on Western Civilization, remarking, “Anyone who can bomb
the Pentagon has my vote.” Embarrassed, he soon apologized for the statement,
explaining that it was stupidly intended to be a joke. Although this state
university is bound by the U.S. Constitution, its president, William C.
Gordon, announced that he would “vigorously pursue” disciplinary action
against Berthold. President Gordon later told Berthold that he had violated
University of New Mexico policy by his statement. FIRE has contacted President
Gordon and the University’s Board of Regents, and is awaiting a reply.
If Gordon refuses to recognize the Bill of Rights, FIRE will secure appropriate
remedy.
At San Diego State University,
an international student, Zewdalem Kebede, overheard several other students,
speaking loudly in Arabic, express delight about the terrorist attacks.
Kebede engaged the students and, in Arabic, challenged their positions.
Kebede was accused by San Diego State University of abusive behavior toward
the four students. A University judicial officer formally admonished Kebede
and warned him that “future incidents [will result in] serious disciplinary
sanctions.” FIRE has written to University president Stephen Weber about
Kebede’s rights and about Weber’s obligations to the Constitution.
At Duke University, the
administration shut down a website after a Professor Gary Hull posted an
article entitled “Terrorism and Its Appeasement” that called for a strong
military response to the terrorist attacks. FIRE took Professor’s Hull’s
case to the print and broadcast media. Shamed by widespread publicity,
Duke reinstated Hull’s web page, but required him to add a disclaimer that
the views expressed in the article did not reflect the views of the University.
Duke has never before required any other professors to add such disclaimers
to their web pages. That institution’s double standard is now out in the
open.
At Pennsylvania State University,
one professor’s web page advocated vigorous military action as a response
to the terrorist attacks of September 11. Penn State’s Vice Provost for
Academic Affairs, Robert Secor, informed the professor that the comments
were “insensitive and perhaps even intimidating.” In a letter to President
Graham Spanier, FIRE noted that such a message, coming from the chief academic
officer, chills free speech and academic freedom – especially when, as
at Penn State, “intimidating” expression is grounds for dismissal. President
Spanier responded with an unequivocal endorsement of free speech and academic
freedom at his institution, but he denied that the Vice Provost’s use of
the term “intimidating” in any manner chilled the professor’s free speech.
Spanier assured FIRE that the matter would not be the subject of any disciplinary
action.
These cases are the tip
of the iceberg, because most faculty and students submit meekly to repression
of their speech. Even where the following cases have achieved some satisfactory
settlement, they reveal a campus attitude that does not value free speech
and legal equality. FIRE has taken notice of these revealing incidents,
some already resolved and some that FIRE will follow until their full and
final resolution:
At the College of the Holy
Cross, in Massachusetts, the chair of the department of sociology, Professor
Royce Singleton, demanded that a secretary remove an American flag that
she had hung in the departmental office. The flag was in memory of her
friend Todd Beamer, who fought and died on the hijacked United Airlines
Flight 93 over Pennsylvania. When she refused, Singleton removed it himself.
After unfavorable publicity, the College apologized, but the flag in question
was moved to the department of psychology.
At Florida Gulf Coast University,
Dean of Library Services Kathleen Hoeth instructed her employees to remove
stickers saying “Proud to be an American” from their workspace, claiming
that she did not want to offend international students. After public pressure,
President William Merwin revoked the policy.
In September, the University
of Massachusetts granted a permit for a student rally to protest any use
of force in waging the war against terrorism. The protest was held. Another
student group reserved the same place to hold a rally in support of America’s
policy towards terrorism, but two days before the rally, their permit was
revoked. Students held the rally anyway, and their pamphlets were publicly
vandalized, with impunity.
Two days after the terrorist
attacks, the Vice Provost of Student Affairs at Lehigh University, John
Smeaton, ordered the removal of the American flag from the campus bus.
After adverse publicity, the flag was replaced. The next day, Vice Provost
Smeaton publicly apologized for his action.
On October 23, the trustees
of the City University of New York (CUNY) voted to condemn a faculty “teach-in”
as seditious. On October 2, in order to provide a forum for discussion
on the terrorist attacks, professors at CUNY held a “teach-in” at which
several professors criticized America and its foreign policy. CUNY Chancellor
Matthew Goldstein issued a public statement condemning the professors who
expressed such views. Having approved the hiring and promotion of the very
faculty who spoke, the trustees and administration now would prefer that
they not express their actual and well-known views.
Soon after the terrorist
attacks, Johns Hopkins University Professor Charles H. Fairbanks voiced
his support, at a public forum, for an aggressive campaign against states
that harbor terrorists. He said that he would “bet anyone here a Koran”
that his analysis was correct. One member of the audience charged that
he sought to “assist people in conducting hate crimes” with his language.
Even though Fairbanks apologized for his remark about the Koran, Dean Stephen
Szabo demanded a written apology and eliminated his position as director
of the Central Asia-Caucasus Institute, claiming that Fairbanks was unfit
for the job. After media criticism of this dismissal, Dean Szabo reversed
his decision.
These truths long have been
ignored and betrayed on our campuses, to the peril of a free society. FIRE
continues its commitment to defend these truths for all times and all seasons.
Posted
on website: www.thefire.org, Oct. 24, 2001.
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